Developer Of Hammocks Wins Case Against Creek

January 29, 1986|By Brian Kaufman, Staff Writer

COCONUT CREEK — Although Hammocks developer Raben Pastal appears to have ended its latest court fight with the city by landing a knock-out punch worth $2.5 million in damages, the city is expected to appeal Tuesday`s verdict.

Raben Pastal sued the city, Donald E. Bryan Architects Inc., and D.E. Britt Associates for their role in a stop-work order issued at a Hammocks construction site in 1981.

The city said they issued the stop-work order after structural defects were found at two housing developments by former Building Official James Cowley and a structural engineer for D.E Britt. Donald E. Bryan Architects worked for Raben Pastal on the project. Raben Pastal contended the stop-work order cost them money.

The developer originally sought $11 million, but Broward Circuit Court Judge Otis Ferrington set the maximum award at $5 million. The city has 20 days from the date of the award to file an appeal.

With a budget of about $5 million per year, it is unknown if the city would be plunged into financial crisis if it lost under appeal, since the city`s insurance coverage is also under fire in court.

Construction on the city`s new $9 million government center, slated for an Oct. 1 opening, would not have to be stopped or cut back though, since money for the government center is being collected through an 8 percent city utility tax.

City officials declined to answer specific questions about the verdict or the city`s finances, referring questions to City Attorney Paul Stuart. Stuart could not be contacted Tuesday.

Jurors returned the guilty verdict Monday in 2 1/2 hours -- a surprise to some observers since it took the city and Pastal`s attorneys about two months to present nearly 300 exhibits, quiz 75 witnesses and present their arguments.

Raben Pastal`s attorneys, Bob Burlington and law partner Kendall Coffee, did not enter the case until after Thanksgiving. Raben Pastal`s chief council in the case, Byron Petersen suffered chest pains and was hospitalized Nov. 30. Judge Ferrington, after reviewing statements by Petersen`s doctors and others representing the developer, agreed to postpone the case until January.